Terms & Conditions

Last updated: 30 May 2025

Introduction and Legal Terms

By accessing our application, DJOLT, or any related website or application (collectively, “the Application”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”).

All rights in and to the content of the Application always remain expressly reserved by Eccentric Badger.

These Terms explain the conditions applicable to how you will use the Application. Please read these Terms carefully before using the Application. We will assume you have read and understood these Terms if you continue to access or make use of our Application.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to you, as the user or the administrator of your account (“admin”). Accordingly, the terms “us”, “our” or “we” refers to Eccentric Badger or our possession.

Our Services

What Our Application Offers

DJOLT is a mobile application designed for iOS devices, offering notification and paging services (the “Services”). The Application operates by connecting to a locally installed DJOLT server on a local network, allowing it to deliver notifications without any internet access. These Services are intended to function reliably in on-premises settings, such as maritime or superyacht environments, and may override device settings like silent mode, focus mode and device volume controls to ensure alerts are received.

Optionally, if remote notifications are desired, the Application may utilize Apple’s Push Notification Service (APNS), which requires an operational internet connection for the DJOLT Server and Application. This optional feature extends the notification delivery beyond the local network when enabled.

Modification to the Services

We may continuously update our Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental and/or offered in limited versions or limited locations. In addition, we may at any time, in our sole discretion add or remove supported features and/or capabilities.

Service Disclaimer

DJOLT is not designed to satisfy any legal maritime requirements with respect to safety and security on a vessel and is accordingly not programmed to replace any alarms, notifications and alerts legally required. We therefore do not warrant or guarantee that the Application shall in any way meet these legal requirements. The Application is solely designed to supplement any onboard critical and non-critical alarms and provide crew with a secondary means of alert in addition to those required as a minimum under all applicable laws.

The Application requires continuous connectivity to the locally installed DJOLT server via a designated Wi-Fi SSID to enable full-featured operation. You understand and agree that if the server experiences downtime, if your device is connected to a non-designated Wi-Fi SSID, or if the connectivity between the Application and the server is interrupted for any reason, the Application will not operate, and you may not receive any alerts or notifications. Eccentric Badger is not responsible for any such disconnection, and it is your responsibility to maintain a stable and uninterrupted connection to the server via the designated Wi-Fi SSID at all times.

Eccentric Badger is not responsible for the security, maintenance, or operation of the locally installed server and shall not be liable for any system downtime, technical irregularities, or other issues affecting the server’s performance.

Remote notifications delivered using the optional APNS may only include notification delivery but does not include operation of any other Application functionality. We do not expressly guarantee delivery of notifications using this feature. Reliable delivery is dependent on a number of factors beyond our control, including but not limited to the nominal operation state of Apple’s APNS service.

Whenever you interact with the App including logging in, changing your status, or acknowledging notifications, this information may be updated on the local DJOLT server. This server is owned and managed by the local system instance owner (for example, your employer or organisation), not by Eccentric Badger. Eccentric Badger doesn’t own or operate your local server, so any data created or updated through your use of the App is handled directly by your system administrator.

Installing DJOLT

Your User Account:

After installing the Application, you’ll be given a username and password by your local admin, along with the connection details you need to connect with the local DJOLT system. To make sure the Application works as intended, you’ll need to accept all the necessary permissions on your device when prompted, this might include things like notifications, network access, or other device features. If you choose not to allow these permissions, some parts of the Application might not work as expected, and we (or your admin) can’t be held responsible for any issues that result.

Accurate Information:

To protect your privacy and security the system requires your password together with your username to grant you access to the Application. Please ensure your personal data is up to date and contact your admin should you need to view or change your personal data and accesses provided.

Warranty:

You are responsible for the information you provide to the system, and all the actions taken to synchronise your alarm systems with the Application.

Responsibilities and Warranties

Application Responsibilities: by using the Application, you, as an admin or user warrant that -

your use of and access to the Application associated with your company as our client, are done under your company’s authority and you consent to the sharing of personal information with us and indemnify us in this regard;
you have read and agreed to these Terms and will use the Application in accordance with them;
you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
you will not post, upload, replicate or transmit any abusive content on or via the Application, to an admin or directly to Eccentric Badger that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any other user in any way from properly using the Application;
you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Application including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Application or the underlying software code;
you will not infringe the intellectual property or other rights of any third party or Eccentric Badger or transmit content that you do not own or do not have the right to publish or distribute;
you will not use the Application for any commercial purpose other than as expressly provided for by Eccentric Badger herein;
you will not use the Application to breach any applicable law or regulation or perform or encourage any illegal activity;
and/or
you will not facilitate or assist any third party to do any of the above, failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing us to enforce all of our rights in the case of breach, including but not limited to denying you access to the Application, reporting your actions to an applicable authority or instituting legal proceedings against you.

Connected Devices:

The Application is only available on compatible Apple devices connected to the local server network. It is your responsibility to obtain such devices and any connectivity necessary to use the Application.

Access to Application in Breach:

Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Application where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

Data Processing

We process all personal data in accordance with applicable data protection legislation and our Privacy Policy. We will process, store and maintain personal data as long as necessary to provide our Services and Application. Please see our Privacy Policy for more information on how we process personal data.

Messages

Data messages, including email messages, you send to us will be considered as received only when we acknowledge or respond to these messages. Data messages we send to you will be regarded as received when the data message enters your email server inbox and is capable of being retrieved and processed by you.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

Intellectual Property

Application IP:

All application/software layout, application/software content, material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, user interface design and layout, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Eccentric Badger, our shareholders, directors, and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

User submitted IP:

All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a revocable, royalty-free, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide you with our Services.

Feedback:

If you provide us with any suggestions, comments or other feedback relating to our Application or company (collectively, “Feedback”), such Feedback is provided ‘as is’ and is and will be deemed as our sole and exclusive property. You hereby irrevocably assign to us all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. Without derogating from the foregoing, you hereby represent and warrant that you will not provide any Feedback to us which is subject to any third-party rights or any limitations or which you are otherwise precluded from providing to us and shall notify us as soon as you become aware of any third-party right or limitation which may apply to any Feedback already provided by you.

No Modification of IP:

Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Application are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.

Updates:

We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Application, or to suspend or terminate the Application, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

Third Party IP:

Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. Eccentric Badger disclaims all liability related to any third-party components utilized in the Services. You acknowledge that Eccentric Badger is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP. Under no circumstances shall the Services or any portion thereof (except in respect of any third party IP contained therein) be deemed to be “open source” or “publicly available” software.

User License:

Subject to adherence to the Terms, Eccentric Badger grants to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any device which you are the primary user. However, nothing contained on the Application or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.

Indemnities and Disclaimers

Disclaimers

The Application and Services, including intellectual property appearing therein, are provided “as is” and “as available”. We make no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness, or suitability of either the Application or the Services, and those arising from a course of dealing, usage or trade practice. Your use of the Application is at your sole risk unless otherwise explicitly stated.

Eccentric Badger, its shareholders, directors, employees, and partners, accept no liability whatsoever for any loss, whether direct or indirect, consequential, or arising from alerts, alarms, notifications, or information made available on (or by means of) the Application, and/or actions resulting from the Services.

Eccentric Badger, its shareholders, directors, employees, partners, and affiliates, accept no liability whatsoever for any costs, expenses, fines, or damages, including but not limited to direct or indirect loss or damages, including any data loss, economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Application in any manner, the reliance upon or use of the notifications and alerts on Application.

We take reasonable security measures to ensure the safety and integrity of the Application and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Application will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Application will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of the Application remains solely at your own risk, and you should take your own precautions accordingly.

Indemnities

You indemnify and hold harmless Eccentric Badger, its shareholders, directors, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party, and arising out of or in connection with your use of the Application and/or Services or actions or events undertaken thereby in any way.

You agree to indemnify, defend, and hold Eccentric Badger, its shareholders, directors, employees, and partners harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to your use of the Application/Services and/or breach of these Terms.

Limitation on Amount of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY MAY BE HELD LIABLE UNDER THESE TERMS FOR ANY AMOUNT EXCEEDING THE AMOUNT PAID BY A CLIENT TO ECCENTRIC BADGER FOR ITS SERVICES DURING THE PRECEDING SIX MONTHS. This clause will survive termination of these Terms.

Dispute Resolution

Negotiation:

Should any dispute, disagreement or claim arise between you and Eccentric Badger concerning the use of the Application, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.

Mediation:

Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them to find a mutually beneficial solution.

Arbitration:

If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by Eccentric Badger.

Jurisdiction:

Notwithstanding the above, both parties’ consent to the jurisdiction of an appropriate South African court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.

No publication:

The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

Termination of Use

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT YOUR USE OF OUR APPLICATION IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

Use of the Application is contingent on the on-going relationship between your company, as our client, and us, as this is an employer-implemented application. Therefore, if you wish to terminate your use of the Application, you may do so by deleting your account on the Application and uninstalling it from your device. In the event of termination of your use, you will be prompted as to whether you would like us to delete your account data, should you select yes, your information will be removed immediately.

Notices and Service Address

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

in the case of Eccentric Badger, at [email protected];
or
in the case of the user, at the e-mail, cellphone number, and/or address provided when registering with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

General

Relationship Between the Parties:

The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

Force Majeure:

If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

Change Without Notice:

The Application and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Application. Your continued access or use of the Application constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

Entire Agreement:

This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Application.

No Indulgence:

No indulgence, leniency or extension of time granted by Eccentric Badger shall constitute a waiver of any of Eccentric Badger’ rights under these Terms and, accordingly, Eccentric Badger shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Importation of Words:

Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.

Headings as Reference:

The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Governing Law:

Your access and/or use of the Application and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

Failure to Pay:

In the event of a client failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Eccentric Badger in relation to the payment failure or breach.

Severability:

Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision:

No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision”). Any breach of any such Prohibited Provision shall be governed by the provisions above.